Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(a)(b) & (c)--Criminal Procedure Code, (V of 1898), S. 367(5)--Sentence--Material contradictions--Failed to substantiate charge--No conviction can sustain where ocular account fails--Choose to substitute an innocent person for fatal injury resulting into death of blood relation--Validity--Such plea appears to be reasonable when accused persons were armed with weapons and had shown their intention by cutting neck of deceased--Mere silence of witnesses during an incident is never sufficient to disbelieve their presence which otherwise is established--It is now well established principle of law that if direct evidence appears to be confidence inspiring and natural then conviction can well maintain even without corroborative evidence--If offence is proved accused is to be awarded death penalty under Section 302(a), (b), PPC whereas for reduction from provided sentence sufficient reasons are requited, as is demand of Section 367(5), Cr.P.C. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 40--Pakistan Penal Code, (XLV of 1860), S. 302--Sentence--Discovery of crime weapon from water course--Evidence of mashir of recovery--Circumstantial evidence--Ocular account is in conformity with medical evidence and medical evidence fully corroborates direct evidence with regard to weapon and manner of fatal injury to deceased which purpose and object of 'medical evidence'--Defence has not been able to establish any patent illegality in impugned nor succeeded in establishing that it ( ) was result of non-reading or mis-reading of evidence--Conviction, so awarded by trial Court, needs no interference which otherwise is self speaking. JUDGMENT Through instant appeal the appellant has assailed judgment dated 18th November, 2009, passed by Additional Sessions Judge, Shahdadkot in Sessions Case No. 312/2005 "Re-S/v Inayatullah Mugheri, emanating from FIR No. 21/2002 of PS Qubo Saeed Khan of District Kamber-Shahdadkot. 2. Precisely the relevant facts are that complainant Niaz Hussain lodged report with PS Qubo Saeed Khan, stating therein that about four years back one Punhal Mugheri was murdered by Himath Mugheri and such case…

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